127 Union of Turkish Bar Associations Review 2022 Hacı KARA ons stipulated for this system after the damage. The expiry of the statute of limitations does not actually prevent a claim for compensation; however, in cases where the statute of limitations occurs, it will not be possible for the creditor to proceed further, even if his claim is justified in substance, upon the defense of the statute of limitations, and his case will have to be rejected on the grounds of statute of limitations.40 Whereas, in claims-based insurances, the claim for compensation has to be filed until the end of the insurance contract, that is, until the end of 2014, as in the case above. However, if the claim-based insurance is renewed continuously and regularly from 2014 to 2018, the insured will be protected without any gaps.41 On the other hand, in mixed contracts, insurance contracts can be concluded that will include the situations that are not covered by both basic contracts. Mixed insurances limit the duration of insurance protection in terms of time. In this insurance, the right of the injured third party to claim from the insured responsible for the damage continues, while the right of claim against the liability insurer may expire. In insurances that include the condition that the indemnity claim is made within the insurance period or within a certain period following it, the liability of the insurer expires after this period, while the claim-based mixed insurance is renewed regularly and uninterruptedly every year, and in each renewal (included in the first insurance contract) the insurer’s liability is valid from the start date. It is possible to apply to the insurer after the event, if it is decided that a guarantee will be provided. For example, if the liability arising from the indemnity claim against the insurant is foreseen as one year in the mixed insurance, although the statute of limitations applied is 10 years (provided that the event and the indemnity claim take place within the insurance period), the insurant will be liable for a period of approximately nine years longer than the insurer, in this case, is under threat for a long time.42 For example, let’s say that a mixed contract was made on 01.01.2017, including the events that took place a year ago. In the event that claims for damages arising from medical interventions performed within a year 40 Ünan, TCC Annotation, p. 290. 41 Ünan, Mandatory Physician Insurance, p. 13. 42 Ünan, TCC Annotation, p. 295.
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